Judge Dismisses Lawsuit Against Michigan State Agencies Over 2020 Dam Failure
A judge ruled state agencies lacked control over the privately-owned dams that failed during unprecedented flooding, rejecting claims they ignored safety warnings.
LANSING, MICHIGAN — A Court of Claims judge dismissed a lawsuit Thursday that sought to hold the state of Michigan liable for the failure of the Edenville and Sanford dams in 2020, ruling that state agencies were not responsible for the disaster that forced thousands to evacuate.
Judge James Robert Redford rejected arguments that the Department of Environment, Great Lakes and Energy and the Department of Natural Resources should be held accountable for the dam failures, which occurred after days of heavy rainfall more than five years ago.
The flooding damaged homes and businesses throughout the region when the dams collapsed, prompting mass evacuations and leaving lasting impacts on affected communities.
State Agencies Lacked Control Over Dam Operations
In his ruling, Redford determined that state agencies did not exercise ownership or operational control over the Edenville Dam. “At all times relevant to this case, no state entity, including either defendant exercised ownership of or operational control of the Edenville Dam,” the judge wrote.
The court found that unless there was imminent danger of failure, the Department of Environment, Great Lakes and Energy had no authority to issue emergency orders requiring the operator to immediately repair, draw down, breach or cease operations at the dam.
Thousands of residents had joined the class action lawsuit against the state agencies, arguing they ignored repeated warnings about safety risks and continued to permit Boyce Hydro Power LLC to raise water levels within the lake created by the Edenville Dam.
Unprecedented Flooding Conditions
Redford noted the extraordinary circumstances surrounding the dam failure in his fact-finding analysis. “Edenville Dam failed in the context of a flooding event that was historically unprecedented in the lifespan of the dam,” he wrote.
The water level rose to approximately 5.5 feet above the normal summer level, which was twice as high as the last highest peak flow ever recorded at the dam, according to the court’s findings.
The extreme conditions contributed to the structural failures that ultimately led to the breach of both dams and subsequent flooding downstream.
Previous Legal Actions and Financial Recovery
Residents previously sued the dams’ owner, Boyce Hydro Power LLC, forcing the company to liquidate its assets to compensate victims of the disaster. The state also pursued its own legal case against the former owner and operators.
Michigan secured a nearly $120 million judgment against Boyce Hydro for violating the state’s Natural Resource and Environmental Protection Act. The ruling represents one of the largest environmental penalties in state history related to dam safety violations.
The dismissal of the lawsuit against state agencies means affected residents will need to continue seeking compensation through other legal avenues, primarily the ongoing cases against the dam’s former private operators and owners.
